Oldham CouncilSir Robert Peacock House

Victoria Off Licence

178 Victoria Street, Chadderton, Oldham, OL9 0HH

Completed application 069810 which is a New Application for Premises Licence from 15/05/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

  Mandatory Condition 1

  No supply of alcohol may be made under this licence:

  a)      at a time when there is no designated premises supervisor in respect of it; or

  b)      at a time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.

  Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.

  Mandatory Condition 2

  Only individuals licensed by the Security Industry Authority (SIA) may be used at the premises to guard against:

  a)      unauthorised access or occupation (e.g. through door supervision)

  b)      outbreaks of disorder

  c)      damage.

  Mandatory Condition 3

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by:

  a)      The British Board of Film classification (BBFC), where the film has been classified by that Board or

  b)      The Licensing Authority where no classification certificate has been granted by the BBFC, or, where the Licensing Authority has notified the licence holder that section 20 (3) (b) applies to the film in question and the admission of children must be in accordance with any recommendation made by the Licensing Authority.

  Mandatory Condition 4

  (1)   The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2)   In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

  a)      games or other activities which require or encourage, or are designed to require or encourage, individuals to—

  (i)      drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii)    drink as much alcohol as possible (whether within a time limit or otherwise);

  b)      provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  c)      provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  d)      selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  e)      dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  Mandatory Condition 5

  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  Mandatory Condition 6

  (1)   The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2)   The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3)   The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

  a)      a holographic mark, or

  b)      an ultraviolet feature.

  Mandatory Condition 7

  The responsible person must ensure that—

  a)      where any of the following alcoholic drinks is sold, or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

  (i)      beer or cider: ½ pint;

  (ii)    gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii)  still wine in a glass: 125 ml;

  b)      these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  c)      where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”

  Mandatory Condition 8

  (1)   A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price, which is less than the permitted price.

  (2)   For the purpose of the condition set out in paragraph 1: -

  a)      “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

  b)      “permitted price” is the price found by applying the formula: -

  P = D + (D x V) where: -

  (i)      P is the permitted price,

  (ii)    D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii)  V is the rate of value added tax chargeable in relation to the alcohol as if the value-added tax were charged on the date of the sale or supply of the alcohol;

  c)      “relevant person” means, in relation to premises in respect of which there is in force a premises licence: -

  (i)      the holder of the premises licence

  (ii)    the designated premises supervisor (if any) in respect of such a licence, or

  (iii)  the personal licence holder who makes or authorises a supply of alcohol under such a licence;

  d)      “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

  e)      “value added tax” means value added tax charged in accordance with the Value-Added Tax Act 1994(7).

  (3)   Where the permitted price given by Paragraph (b) of paragraph (2) would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

  (4)   (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph (2) on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  1. Staff Training

  All staff employed at the premises will receive training by the Designated Premises Supervisor on first appointment. Training shall be regularly refreshed and at no greater than 4 month intervals. Training will include input on preventing underage sales, preventing proxy sales of alcohol, preventing sales of alcohol to people who are drunk, maintaining the refusals register and any other relevant matters. A written record will be kept of all training carried out for each member of staff. This record must be kept on the premises and made available for inspection upon request of a Police Officer or an authorised officer of the licensing authority.

  2. List of Authorised Persons

  The Designated Premises Supervisor must maintain a written record of all members of staff who are authorised to sell alcohol. This record must include a photograph of the relevant members of staff to be kept on the premises at all times and be made available to a representative of any responsible authority on request.

  3. Purchasing Records

  All purchases of alcohol must be made from reputable wholesalers and all purchases must be recorded. These records must be made available for inspection upon request of a Police Officer or an authorised officer of the Licensing Authority.

  Crime & Disorder

  4. CCTV

  A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.

   

  The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 28 days.

   

  The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by Greater Manchester Police.

   

  Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.

   

  A member of staff who is trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking place.

   

  The Designated Premises Supervisor must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority on request.

   

  Suitable signage informing customers that a CCTV system is in operation must be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights act.

   

  5. Incident Book

  An incident book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following:

   

  (i) Any incident of violence or disorder on or immediately outside the premises

  (ii) Any other crime or criminal activity on the premises

  (iv) Any refusal to serve alcohol to persons who are drunk

  (v) Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18

  (vi) Any call for police assistance to the premises

  (vii) Any ejection from the premises

  (viii) Any first aid/other care given to a customer

   

  Any refusal should include the following information

  a)              Time, day & date of refusal

  b)              Item refused

  c)              Reason for refusal

  d)              Name of staff member refusing the sale

  e)              Name & address of customer (if given)

  f)              Description of customer

  g)              Details of identification offered (if shown)

   

  Public Safety

   

  6. First aid

   

  A first aid box will be available on the premises, and any accidents or incidents will be recorded in the incident book.

   

  7. Fire risk assessment

  A fire risk assessment will be carried out for the premises and documented.

  A copy of the risk assessment will be kept at the premises for inspection by the fire service, police or local authority.

   

  8. Fire extinguishers

   

  Victoria Beverages will hold two C02 fire extinguishers which contain pure carbon dioxide which is a clean extinguishing, leaving no residue. Suitable for class B flammable liquid fires such as alcohol and recommended for use on live electrical equipment.

   

  The Prevention of Public Nuisance

   

  9. Signage

   

  The premises shall display prominent signage (at the point of sale) that it is an offence to sell alcohol to anyone who is drunk.

   

  10. Litter Control

  The Designated Premises Supervisor must ensure that a member of staff collects all litter from the curtilage of the premises every day at the conclusion of trading. A written log must be kept of the areas checked and made available to responsible authorities for inspection on request.

   

  11. Noise reduction

  Victoria beverages is allocated on an end terrace, a small local comer shop, prevention of public nuisance is not an issue. Noise reduction measures to address the public nuisance objective.

   

  12. Notices

  Prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.

   

  13. Deliveries

  Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to preventing nuisance and disturbance to nearby residents.

   

  14. Staff noise

  Victoria Beverages will ensure that staff who arrive early morning or depart late at night (ex. for unpacking, pricing newly delivered goods) when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents. Customers will be asked not to stand around loudly talking in the street outside the premises and will not be admitted to premises above opening hours.

   

  15. Waste Disposal

  Disposal of wastage outside the premises will be kept to a minimum, between 11.00pm 7.00am, reducing the levels of noise. Keeping rubbish bins at the rear of the premises, away from public access. Adequate waste receptacles for use by customers will be provided in the local vicinity.

   

  No waste disposal will be carried out before 09:00 hours on a Saturday or Sunday.

   

  16. Security lighting

  All lighting on or outside the premises will be positioned and screened such a way, causing no disturbance to nearby residents.

   

  17. Car parking

  Car parking facilities for the use of customers and notices advising customers not to park in or across residents' driveways.

   

  Protection of Children from Harm

   

  18. Challenge 25

  The premises will operate a “Challenge 25” proof of age policy and signage to this effect is to be prominently displayed within the premises.  Persons who appear to be under the age of 25 must produce for thorough scrutiny by staff, proof of identity/age before being sold/supplied alcohol. 

  Only a passport or photo-card or driving licence or a proof of age card bearing the official ‘PASS’ accreditation hologram or military ID should be accepted as proof of age.

  19. Proxy Notices

  The premise must display, in a prominent position, a notice or notices explaining that it is an offence for adults to purchase alcohol and then supply it to persons under 18.

  20. Door Age Policy

  No persons under the age of 16 to be allowed entry to the premises between 22:00hrs and 07:00 hrs unless accompanied by a parent or lawful guardian.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable

• ANNEX 4 - PLANS

   

  Approved plans deposited and kept with the Licensing Authority - Plan Ref - 001150519